Rhetoric Application Of Contemporary Chinese Judgment

The court's judgment is the judgment made on the disputes between the parties in the form of judgment,which is the final result display of the whole court trial process.It mainly consists of the basic information of the parties,specific litigation claims,the court's investigation on the facts of the case,the evidence collected,the basis,reason and final judgment result of the court.The judgment is the result of the judge's neutral position,reflecting the whole process of the trial,recording the disputes between the parties,and showing the thinking process of the judge's trial of the case.Making the judgment public can form a good relationship between the judge and the parties,and facilitate the communication between the two parties or even between the two parties and the public.Although the study of legal rhetoric by our country and scholars is not mature enough,its basic theory has been widely recognized.The use of Legal Rhetoric in the judgment is the direct use of Legal Rhetoric in judicial practice.Although its use can play many functions,it is not unlimited.China has entered a great new era,and the construction of the rule of law has opened a new chapter.However,there are great differences in the rhetorical theory of judges,which makes it easy to abuse,misuse or other improper use of Legal Rhetoric in the judgment.In order to give full play to the function of Legal Rhetoric in the written judgment,we must break through the shackles of traditional written judgment,pay attention to the necessary limits,make the written judgment more legitimate and reasonable,avoid improper use,and improve the rhetorical level of the judge group.The application of legal rhetoric will continuously improve the overall level of judgments in China.This paper discusses the application of Legal Rhetoric in the judgment in four parts.The first part is the introduction.In this part,it introduces the background of choosing this topic,the research results achieved,the practical and theoretical significance of this research,the research status,ideas and methods at home and abroad,and the innovation of this paper.The second part,as an overview,introduces the concept,characteristics,origin and development of rhetoric,rhetoric and Legal Rhetoric,analyzes the relationship between them,and lays the foundation for the introduction of Legal Rhetoric in the application of judgments.The thirdpart reflects on the application of rhetoric in the current judgment in our country,and summarizes the problems,including the fact identification,the application of law,the level of the judge's rhetoric theory and so on.From the perspective of rhetoric,the author tries to use rhetoric theory to find solutions.The fourth part talks about how to improve the quality of the judgment from the perspective of rhetoric,taking the improvement of the rhetorical demonstration level of the judge group as the foundation,using the advantages of rhetoric in language control and persuasion demonstration to improve the judgment,hoping to achieve the effect of not abusing rhetoric but also making the language meet the requirements of the speech environment of the judgment.